Do I Really Want to Represent that Association?
I recently heard from a new lawyer embarking on representing community associations who was concerned about the fact that a perspective condominium association client had several Board members who had been antagonistic towards him. He was concerned about how he would handle such a group as clients.
I recently wrote an article for Common Ground Magazine entitled “Advice and Dissent” (click here to read the full article). In that article I spoke about the fact that the attorney actually works for the association as opposed to the board of directors. While it is the board that does the hiring (and firing) of the association attorney, it is vitally important that the attorney realize he or she has a direct responsibility to the association as a corporate entity and not certain individuals within the association or neighborhood community.
In my book entitled Condo Living: A Guide to Buying, Owning, and Selling a Condominium, I talk about the "cast of characters" that one finds on the Board of Directors. Unfortunately sometimes you find Directors who have a great distaste for lawyers and/or do not match up personality-wise with the association’s attorney.
Sometimes some of the best clients are the ones that you choose not to represent just like some of the best real estate deals are the ones that are not made. If one has a “bad” group of Board members to begin with, things could only get worse, unless, of course, the Board changes in composition. It is a business decision that every attorney has to make, but one may be best advised to beg off and let someone else have the hassle.